5.  At the time of the events giving rise to the application, Hyde Park (the first applicant) was registered with the Moldovan Ministry of Justice as a non-governmental organisation lobbying, inter alia, for freedom of expression and the right to peaceful assembly. In 2007 its members decided to discontinue the organisation’s registration on grounds of alleged pressure and intimidation by the State. In particular, they complained of the refusal of the Ministry of Justice to register amendments to the organisation’s articles of association, the repeated freezing of its bank account, the arbitrary arrest of its members, attempts to shut down its newspaper, among other things. Several of the organisation’s leaders requested political asylum in western countries. It was decided to continue the organisation’s activity under the same name but without registering it with the State authorities. It was also decided that the new unincorporated association would become the former organisation’s successor. After removal of the organisation from the Government’s list of non-governmental organisations on 2 June 2008, Hyde Park’s activities continued as before on the basis of its new articles of association. The association continued editing its newspaper, its Internet page and continued staging protests and demonstrations.
6.  The other applicants are members and supporters of Hyde Park: Gheorghe Lupuşoru, Anatol Hristea-Stan, Mariana Gălescu, Alina Didilică and Oleg Brega who were born in 1969, 1953, 1982, 1978 and 1973 respectively and live in Chişinău, Chişinău, Chişinău, Cazangic and Pepeni respectively.
7.  On 26 September 2005 Hyde Park applied to the Chişinău Municipal Council for authorisation to hold a peaceful rally in the Stefan cel Mare Park in Chişinău on 14 October 2005, in support of freedom of speech.
8.  On 7 October 2005 the Chişinău Municipal Council rejected the application on the ground that on the same date a number of events were planned in the city centre, including in the Stefan cel Mare Park, as it was a day of public holiday. This decision was sent by mail to Hyde Park on 10 October and was received by it on 12 October 2005.
9.  On 12 October 2005 the first applicant challenged the refusal in court and argued, inter alia, that it was unlawful and contrary to Article 11 of the Convention. It also asked that the case be examined urgently.
10.  On 2 December 2005 the Chişinău Court of Appeal dismissed the applicants’ action while finding that the Municipal Council had lawfully rejected its application. The court considered that since other events were scheduled to take place in the park on that day, such as exhibitions, sports events, concerts and other demonstrations, Hyde Park’s rally might hinder those events and endanger public order. Moreover, the application to the Municipal Council had been signed by the president of Hyde Park and there was no evidence in the case file that the council of Hyde Park had approved it.
11.  Hyde Park appealed against this judgment and argued that the judgment breached its members’ right to freedom of assembly as guaranteed by Article 11 of the Convention and was also contrary to the provisions of the Assemblies Act. There was no evidence that the rally would endanger public order.
12.  On 3 May 2006 the Supreme Court of Justice dismissed the first applicants’ appeal on points of law while reiterating that authorising Hyde Park’s rally at the same time as the other cultural and sports demonstrations in the park ran the risk of resulting in violent clashes and thus endangered public order.